Clearing a Criminal Record in Arizona

Setting Aside a Conviction in Arizona

Arizona does not use the term expungement. Instead, the state offers a process called setting aside a conviction under A.R.S. 13-905. When a conviction is set aside, the court issues an order releasing you from all penalties and disabilities resulting from the conviction. The conviction still appears on your record, but it is annotated with a set-aside order. This notation tells anyone reviewing your background that a court has determined you have fulfilled your obligations and deserve a second chance.

Eligibility for a Set-Aside Order

To qualify for a set-aside, you must have completed all terms of your sentence — including any parole, jail time, probation, house arrest, community service, and payment of all fines and restitution. The court considers several factors when deciding whether to grant a set-aside: the nature of the offense, your compliance with sentence terms, your criminal history since the conviction, the time elapsed, and any input from the victim. Not all convictions are eligible — certain dangerous offenses, sexual offenses, and offenses involving minors may be excluded.

Benefits of a Set-Aside Order

Obtaining a set-aside order provides tangible benefits across multiple areas of life. It can restore your eligibility for professional licenses in fields such as medicine, nursing, law, and aviation. Employment opportunities expand as the set-aside notation signals to employers that you have taken responsibility and completed rehabilitation. Custody arrangements may improve as family courts view set-aside orders favorably. The order also restores your right to possess firearms in many cases.

Arizona Record Sealing Law (2023)

Effective January 2023, Arizona enacted a record sealing law that goes further than the traditional set-aside process. Eligible individuals can petition to have their criminal records sealed, making them invisible to most background checks. This is a significant advancement for Arizonans with criminal histories, though eligibility criteria and waiting periods vary depending on the offense. An experienced attorney can evaluate whether your conviction qualifies for sealing and guide you through the petition process.